Bill

Bill > HB531


GA HB531

GA HB531
Appeal and error; certain appellate procedures regarding the denial of sovereign and any other immunity available to the state or a city or county in this state; provide


summary

Introduced
02/19/2025
In Committee
03/27/2025
Crossed Over
03/06/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to liability of municipal corporations for acts or omissions, so as to provide that when a municipal corporation is participating in a joint undertaking and another local government participating in such joint undertaking acquires liability insurance the sovereign immunity of the other participating local government is not waived; to extend the period of the notice for a cause of action against a municipality; to provide that tort and nuisance liability of any consolidated government shall follow the law and rules of tort liability applicable to counties; to provide limitations on the amounts and types of damages and interest recoverable; to provide a short title; to revise provisions relating to waiver of immunity by purchase of liability insurance; to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to waive sovereign and governmental immunities for local governments and their officials and employees for a violation of the prohibition on immigration sanctuary policies; to amend Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance with immigration detainer notices, so as to provide for immunity waivers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill, known as the "Municipal Sovereign Immunity Act," makes several key changes to Georgia law regarding municipal liability and immunity. It extends the time frame for filing a claim against a municipality from six to 12 months, and establishes specific limits on municipal tort claims, capping damages at $3 million per occurrence for a single municipality and $5 million in aggregate liability, with a prohibition on punitive damages. The bill also modifies how municipal corporations can waive sovereign immunity through liability insurance, making it easier to do so and preventing insurance policies from attempting to avoid immunity waivers. Additionally, the bill introduces provisions that specifically waive sovereign immunity for local governments that violate immigration-related policies, such as failing to comply with immigration detainer notices or creating "sanctuary" policies. Tort claims against municipalities must be tried by a judge with a jury, though parties can agree to a bench trial. The bill emphasizes that these changes do not constitute a new constitutional waiver of immunity, and any such waiver must still be separately proven by the claimant. These modifications aim to clarify and potentially expand the circumstances under which municipalities can be held liable for damages while providing some predictability and limitations on potential legal claims.

Committee Categories

Justice

Sponsors (6)

Last Action

Senate Recommitted (on 01/12/2026)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...